도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
"2017 Highest 5072"
1. On February 23, 2017, the Defendant driven a car of 20.218% alcohol in blood while under the influence of alcohol at around 17:50, and proceeded with the section of 500, which is the section of the Act on the Construction and Management of Land, Infrastructure and Transport, from the border of the Southern-gu Incheon Metropolitan City to the front road of 186, the Southern-gu Yan apartment located in the south-gu, Incheon Metropolitan City.
"2017 Highest 5345"
2. On October 16, 2013, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking) and had a record of driving under the influence of drinking twice or more as stated in paragraph (1).
Nevertheless, on July 3, 2017, the Defendant driven a car of 0.064% of alcohol content in blood, while under the influence of alcohol at around 21:17, and proceeded with a section of approximately 300 meters of alcohol level from the front of the house in Incheon Bupyeong-gu, Incheon to the front of the house.
Summary of Evidence
"2017 Highest 5072"
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving drinking, 201 group 5,345 group 5;
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. A previous conviction: A reply to inquiry, a report on the result of confirmation before and after each disposition, and the application of Acts and subordinate statutes attached thereto, and a copy of the indictment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of repeated drinking), Article 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking, respectively, the point of drinking and the choice of imprisonment) concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Persons Attending Courses include the records of the same kind of crime once.